Smt Lalithamma vs Sri M T Manjunath Gowda
2024 Latest Caselaw 22383 Kant

Karnataka High Court

Smt Lalithamma vs Sri M T Manjunath Gowda on 3 September, 2024

                                              -1-
                                                          NC: 2024:KHC:36140
                                                        RSA No. 1441 of 2014




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                           BEFORE

                         THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                    REGULAR SECOND APPEAL NO. 1441 OF 2014 (SP)

                   BETWEEN:

                   1.   SMT LALITHAMMA
                        W/O LATE HANUMANTHRAJU
                        AGED ABOUT 58 YEARS,

                   2.   SMT DR. HEMA
                        D/O LATE HANUMANTHARAJU
                        AGED ABOUT 34 YEARS,

                   3.   SRI ANAND
                        S/O LATE HANUMANTHARAJU,
                        AGED ABOUT 30 YEARS,

                   4.   SRI CHIDANANDA
                        S/O LATE HANUMANTHARAJU
Digitally signed
by R DEEPA              AGED ABUOT 27 YEARS,
Location:
HIGH COURT              ALL ARE RESIDENTS OF
OF                      RAMESHWARANAGAR,
KARNATAKA               CHIKKAMAGALUR CITY - 560 071.
                                                               ...APPELLANTS

                   (BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE)

                   AND:

                   SRI. M.T. MANJUNATH GOWDA
                   S/O LATE DODDATHIMME GOWDA
                   AGED ABOUT 60 YEARS
                   COFFEE PLANTER
                            -2-
                                         NC: 2024:KHC:36140
                                      RSA No. 1441 of 2014




R/O PRAKASH NILAYA
UPPALLI, CHIKKAMAGALURU CITY - 560 071.
                                             ...RESPONDENT
(RESPONDENT SERVED)

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 22.7.2014 PASSED IN
R.A.NO.13/2011 ON THE FILE OF 2ND ADDL. SENIOR CIVIL
JUDGE & JMFC., CHIKMAGALUR, ALLOWING THE APPEAL AND
SETTING   ASIDE   THE   JUDGMENT    AND    DECREE    DATED
7.12.2010 PASSED IN O.S.NO.117/2008 ON THE FILE OF THE
PRL. CIVIL JUDGE & JMFC., CHIKMAGALUR.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

                   ORAL JUDGMENT

Learned counsel for the appellants filed a memo

stating that the appellants and respondent have arrived to

a settlement in execution petition of 2019 in similar

proceedings and prayer sought in the appeal does not

survive for consideration and prays to dismiss the appeal

as having become infructuous.

2. Memo is placed on record.

NC: 2024:KHC:36140

3. Accordingly, the appeal is dismissed as having

become infructuous.

Sd/-

(ASHOK S.KINAGI) JUDGE

SKS